alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### UNITED STATES, Appellee v ALPHONSO J. BAYLOR, Private First Class, U. S. Army, Appellant

15 USCMA 522, 36 CMR 20

No. 18,510

November 5, 1965

*523
      *Captain Francis R. Jones*argued the cause for Appellant, Accused. With him on the brief were *Colonel Joseph L. Chalk, Lieutenant Colonel Martin S. Drucker,*and *Captain J. Philip Johnson.*

*Captain Anthony L. Tersigni*argued the cause for Appellee, United States. With him on the brief were *Colonel Edwin G. Schuck, Colonel Joseph J. Crimmins, Lieutenant Colonel Francis M. Cooper, Captain Samuel D. Engle, Jr.,*and *Captain John C. Cortesio, Jr.*

Opinion of the Court

Kilday, Judge:

At his separate trial by general court-martial, accused pleaded not guilty but was convicted of attempted robbery and one specification of robbery, in violation of Articles 80 and 122, Uniform Code of Military Justice, 10 USC §§ 880 and 922. He was sentenced to bad-conduct discharge, total forfeitures, and confinement at hard labor for five years. The convening authority approved, and a board of review affirmed the findings and sentence except for the period of confinement, which it reduced to two years.

Upon Baylor’s prayer for reconsideration of our initial action on his petition for grant of review, we elected to hear his hapeal on substantially the same question involved in the companion case of United States v Mitchell, 15 USCMA 516, 36 CMR 14, this day decided.

Except that the written request for counsel submitted by Baylor was for representation by Captain Johnson, the facts pertinent to the instant ease are essentially identical to those recounted in the *Mitchell*opinion, supra. The Article 32 investigation report form reflects, without explanation, that counsel requested by name was not reasonably available, and the record is otherwise silent on that score. The report shows that, instead, the general court-martial authority appointed a certified lawyer, Lieutenant Hagedorn, as counsel for the accused. He acted in that capacity both at the pretrial investigation and at trial, and at neither level did Baylor raise any objection of any sort with regard to the question of counsel.

It is evident that the instant case is controlled by our decision in United States v Mitchell, supra. Here, as there, appellate defense counsel have moved to strike affidavits attached to the Government’s brief but, as in *Mitchell,*we find it unnecessary to rule on said motion.

The decision of the board of review is affirmed.

Chief Judge Quinn and Judge Ferguson concur.
Exhobit 12
                         TAMPA ELECTRIC COMPANY
                     RATIO OF EARNINGS TO FIXED CHARGES

           The  following  table sets forth the company's ratio of earnings

to fixed charges for the periods indicated.

  Nine Months  Twelve Months
     Ended        Ended                Year Ended December 31,
Sept. 30, 1999 Sept. 30, 1999   1998     1997   1996(3) 1995(3)  1994(3)

    4.05x(1)     3.93x(2)     4.51x(4)  4.38x  4.40x   4.28x   3.88x(5)


        For  the  purposes of calculating these ratios, earnings consist of
income from operations before income taxes and fixed charges. Fixed charges
consist  of  interest  on  indebtedness,  amortization of debt premium, the
interest component of rentals and preferred stock dividend requirements.

(1)  Includes  the  effect  of  a  third  quarter 1999 $10.5-million pretax
     charge  at the Electric division associated with a regulatory decision
     for  audits  of the company s 1997 and 1998 earnings which limited its
     equity  ratio  to  58.7,  in  addition to a $4.3-million pretax charge
     reflecting  corporate  income  tax  settlements.  Had this charge been
     excluded  from the calculation, the ratio of earnings to fixed charges
     would have been 5.14x for the 9-month period ended Sept. 30, 1999.

(2)  Includes the effect of a fourth quarter 1998 one-time pretax charge of
     $7.3-million  at  the Electric division. Had this charge been excluded
     from  the  calculation,  the  ratio of earnings to fixed charges would
     have been 4.83x for the 12-month period ended Sept. 30, 1999.

(3)  Amounts  have  been  restated  to  reflect  the  merger of Peoples Gas
     System, Inc., with and into Tampa Electric Company.

(4)  Includes  the  effect  of  one-time,  pretax  charges  totaling  $16.9
     million.  The  effect  of  these  charges  was  to reduce the ratio of
     earnings  to  fixed  charges. Had these charges been excluded from the
     calculation,  the  ratio  of earnings to fixed charges would have been
     4.66x for the year ended Dec. 31, 1998.

(5)  Includes  the  effect  of a $21.3-million pretax restructuring charge.
     The effect of this charge was to reduce the ratio of earnings to fixed
     c h a r g e s.  Had  this  non-recurring  charge  been  excluded  from
     thecalculation, the ratio of earnings to fixed charges would have been
     4.23x for the year ended Dec. 31, 1994.












                                                              28
**Exhibit 15.2**

[Letterhead of Zhong Lun Law Firm] 

April 25, 2012 

Noah Holdings Limited 

6th Floor, Times FinanceCenter 

No. 68 Middle Yincheng Road 

Pudong, Shanghai 200120 

People’s Republic of China 

Dear Sirs, 

We consent to thereference to our firm under the headings “Risk Factors” and “Regulation” in Noah Holdings Limited’s Annual Report on Form 20-F for the year ended December 31, 2011, which will be filed with the Securities and ExchangeCommission (the “SEC”). We also consent to the filing with the SEC of this consent letter as an exhibit to the Annual Report on Form 20-F for the year ended December 31, 2011.
No. 46841.

#### Protest 60616-K/90406 of Judson-Sheldon Corp. (Chicago).

Opinion by

Walker, J.

In accordance with stipulation of counsel that the merchandise consists of onyx the same in all material respects as that the subject of Abstract 45347 the claim at 30 percent under paragraph 214 was sustained.
No. 46860.

#### Protest 69702-K of Waterman Steamship Corporation (Honolulu).

Opinion by

Keefe, J.

Application was made to the Secretary of the Treasury for remission of the duties upon the ground that the repairs were necessary in order to secure the safety and seaworthiness of the vessel to enable her to reach her port of destination. This application was denied. A protest was then filed claiming that the repairs were necessitated because of a casualty within the meaning of said section 466. The evidence established that the repairs were made as a result of certain condenser tubes springing leaks, allowing salt water to enter the boiler, which necessitated the vessel entering a port of Japan. The issue under consideration is whether the engine room breakdown upon the journey between Honolulu and Japan constituted a “casualty”.and should have been so recognized by the Secretary of the Treasury. At the hearing Government counsel moved to dismiss the protest upon the ground that the court was without jurisdiction to review the action of the Secretary of the Treasury in refusing to remit duties in this case. Following *Lykes Bros.*v. *United States*(6 Cust. Ct. 467, C. D. 518) the court granted the Government’s motion to dismiss. *Mills & Gibb*v. *United States*(8 Ct. Cust. Appls. 31, T. D. 37164) and Abstracts 46618, 41147, and 10939 cited.
EXHIBIT 31.2

CERTIFICATION OF CHIEF FINANCIAL OFFICER PURSUANT TO SECTION 302 

OF THE SARBANES-OXLEY ACT OF 2002 

 

I,    Teresa A. Herbert, certify that: 

I have reviewed this report on Form 10-Q of American Independence Corp.; 

Based on my knowledge, this report does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements made, in light of the circumstances under which such statements were made, not misleading with respect to the period covered by this quarterly report;

Based on my knowledge, the financial statements and other financial information included in this report, fairly present in all material respects the financial condition, results of operations and cash flows of the registrant as of, and for, the periods presented in this quarterly report;

The registrant's other certifying officer and I are responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15e and 15d-15e) for the registrant and have:
designed such disclosure controls and procedures, or caused such disclosure controls and procedures to be designed under our supervision, to ensure that material information relating to the registrant, including its consolidated subsidiaries, is made known to us by others within those entities, particularly during the period in which this report is being prepared;

evaluated the effectiveness of the registrant's disclosure controls and procedures and presented in this report our conclusions about the effectiveness of the disclosure controls and procedures, as of the end of the period covered by this report, based on such evaluation; and

disclosed in this report any change in the registrant's internal controls over financial reporting that occurred during the registrant's most recent fiscal quarter (the registrant's fourth fiscal quarter in the case of an annual report) that has materially affected, or is reasonably likely to materially affect, the registrant's internal control over financial reporting; and

The registrant's other certifying officer and I have disclosed, based on our most recent evaluation of internal controls over financial reporting, to the registrant's auditors and the audit committee of registrant's board of directors (or persons performing the equivalent function):
all significant deficiencies and material weaknesses in the design or operation of internal control over financial reporting which are reasonably likely to adversely affect the registrant's ability to record, process, summarize and report financial information; and

any fraud, whether or not material, that involves management or other employees who have a significant role in the registrant's internal control over financial reporting.

 

 

 

Date: August 9, 2004 

/s/   Teresa A. Herbert

Vice President and  

Chief Financial Officer
CONFIDENTIALITY OF INDIVIDUALLY-IDENTIFIABLE HEALTH INFORMATION

**Recommendations of the Secretary of Health and Human Services,    pursuant to section 264 of the Health Insurance Portability and    Accountability Act of 1996**

Submitted to:

**The Committee on Labor and Human Resources and the Committee on    Finance of the Senate**

**The Committee on Commerce and the Committee on Ways and Means of    the House of Representatives**

On September 11, 1997

----
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# Hear ye!, hear ye! why your Census job is vital to the nation and your community!

                - U.S. Government Posters

## Description

                    -           Title        
                    -  Hear ye!, hear ye! why your Census job is vital to the nation and your community! 
                    -           Creator        
                    -  United States. Bureau of the Census 
                    -           Publisher        
                    -  U.S. Department of Commerce, Bureau of the Census 
                    -           Subjects        
                    -  United States. Bureau of the Census 
                    -           Subject: Time        
                    -  1980-1990 
                    -           Subject: Place        
                    -  United States 
                    -           Physical Description        
                    -  171 × 56 cm 
                    -           Number of Pages        
                    -  1 
                    -           Host institution        
                    -  University of Iowa. Libraries. Government Publications 
                    -           Digitization Specifications        
                    -  Scanned with Ideal Contex Magnum G600 54 Plus at 300 ppi, 24-bit color. Archival tiff image available. 
                    -           Rights Management        
                    -  This is a work of the U.S. Government and is not subject to copyright protection in the United States. 
                    -           Contact Information        
                    -  Please contact the Government Publications Department at The University of Iowa Libraries: lib-govpub@uiowa.edu 
                    -           Item Type (AAT)        
                    -  Posters 
                    -           Item Type (IMT)        
                    -  jpeg 
                    -           Identifier        
                    -  019294252.jpg 
                    -           OCLC Collection Number        
                    -  429489521 

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Exhibit 32.01




Section 1350 Certification




In connection with this report of Man AHL FuturesAccess LLC (the “Company”) on Form 10-K/A for the year ended December 31, 2010 as filed with the Securities and Exchange Commission on the date hereof (this “Report”), I, Justin C. Ferri, Chief Executive Officer, President and Manager of Merrill Lynch Alternative Investments LLC, the manager of the Company, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant of the Sarbanes-Oxley Act of 2002, that:




1.  This Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and




2.  The information contained in this Report fairly presents, in all material respects, the financial condition and results of operations of the Company.










Date:  January 27, 2012











By  /s/ Justin C. Ferri


Justin C. Ferri


Chief Executive Officer, President and Manager


(Principal Executive Officer)
* This disposition is not appropriate for publication and is not precedent

except as provided by 9th Cir. R. 36-3.

 ** The panel unanimously concludes this case is suitable for decision

without oral argument. See Fed. R. App. P. 34(a)(2).

NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

JOHN BELCHER,

 Plaintiff - Appellant,

 v.

COMMISSIONER OF SOCIAL

SECURITY,

 Defendant - Appellee.

No. 11-17322

D.C. No. 1:09-cv-01234-DLB

MEMORANDUM*

Appeal from the United States District Court

for the Eastern District of California

Dennis L. Beck, Magistrate Judge, Presiding

Submitted May 10, 2013** 

San Francisco, California

Before: W. FLETCHER, GOULD, and CHRISTEN, Circuit Judges.

John Belcher, a successful Social Security benefits claimant, appeals the

district court’s reduction and denial of his requests for supplemental attorneys’ fees

under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d). We review a

FILED

JUN 12 2013

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2

district court’s denial of attorneys’ fees under the EAJA for abuse of discretion. 

See Lewis v. Barnhart, 281 F.3d 1081, 1083 (9th Cir. 2002). We have jurisdiction

under 28 U.S.C. § 1291, and we affirm in part and reverse in part.

In its denial or reduction of attorneys’ fees, the district court must offer a

clear and concise explanation, but the explanation does not need to be elaborate. 

Moreno v. City of Sacramento, 534 F.3d 1106, 1111 (9th Cir. 2008). A district

court has “substantial discretion in fixing the amount of an EAJA award.” 

Comm’r, INS v. Jean, 496 U.S. 154, 163 (1990). 

Here, the magistrate judge adequately explained his reasoning for rejecting

fees incurred to correct a clerical error made by the court, and for reducing fees

incurred attempting to settle the supplemental fee application. Hensley v.

Eckerhart, 461 U.S. 424, 437 (1983) (district court has significant discretion due to

its “superior understanding of the litigation and the desirability of avoiding

frequent appellate review of what essentially are factual matters”). The magistrate

judge also did not abuse his discretion by denying Belcher’s second supplemental

application for EAJA fees. Jean, 496 U.S. at 163 (district court can recognize and

discount improper positions that unreasonably protract proceedings).

But the magistrate judge did abuse his discretion by reducing the award of

fees for time spent preparing the reply brief from eight hours to two hours. The
3

district court’s explanation that the issues briefed were “routine” was insufficient

given the magnitude of the reduction. See Costa v. Comm’r of Social Sec. Admin.,

690 F.3d 1132, 1136–37 (9th Cir. 2012) (per curiam) (magistrate judge’s

explanation that issues briefed in opening memorandum were not “novel or

complex” was insufficient to justify fifty percent reduction). Four hours is a

reasonable amount of time for the preparation of the subject reply brief.

The parties shall bear their own costs on appeal. 

AFFIRMED in part; REVERSED in part.
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# Sea state photographs for determining wind speed: the Beaufort wind force scale

                - U.S. Government Posters

## Description

                    -           Title        
                    -  Sea state photographs for determining wind speed: the Beaufort wind force scale 
                    -           Publisher        
                    -  U.S. Department of Commerce, National Oceanic and Atmospheric Administration, National Weather Service 
                    -           Subjects        
                    -  United States. National Weather Service 
                    -           Subject: Time        
                    -  1980-1990 
                    -           Physical Description        
                    -  149 × 61 cm 
                    -           Number of Pages        
                    -  1 
                    -           Host institution        
                    -  University of Iowa. Libraries. Government Publications 
                    -           Digitization Specifications        
                    -  Scanned with Ideal Contex Magnum G600 54 Plus at 300 ppi, 24-bit color. Archival tiff image available. 
                    -           Rights Management        
                    -  This is a work of the U.S. Government and is not subject to copyright protection in the United States. 
                    -           Contact Information        
                    -  Please contact the Government Publications Department at The University of Iowa Libraries: lib-govpub@uiowa.edu 
                    -           Item Type (AAT)        
                    -  Posters 
                    -           Item Type (IMT)        
                    -  jpeg 
                    -           Identifier        
                    -  018271127.jpg 
                    -           OCLC Collection Number        
                    -  429489521 

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                - ©2020  The University of Iowa
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EXHIBIT 32.1



CERTIFICATIONS PURSUANT TO

18 U.S.C. SECTION 1350

AS ADOPTED PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002



In connection with the Quarterly Report of Monitronics International, Inc. (the Company) on Form 10-Q for the period ended March 31, 2005 as
filed with the Securities and Exchange Commission on the date hereof (the Report), I, James R. Hull, President and Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of
the Sarbanes-Oxley Act of 2002, that:



| | (1) | The Report fully complies with the requirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934, as amended; and
| | --- | ---------------------------------------------------------------------------------------------------------------------------------



| | (2) | The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.
| | --- | ----------------------------------------------------------------------------------------------------------------------------------------------------



By:

/s/ James R. HullJames R. HullPresident and Chief Executive Officer




Date: May 12, 2005
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# A stitch in time

                - U.S. Government Posters

## Description

                    -           Title        
                    -  A stitch in time 
                    -           Creator        
                    -  United States. American Forces Information Service 
                    -           Publisher        
                    -  American Forces Information Service, Department of Defense 
                    -           Description        
                    -  Defense billboard (1988) ; # 80 
                    -           Subject: Time        
                    -  1990-2000 
                    -           Subject: Place        
                    -  United States 
                    -           Physical Description        
                    -  1 
                    -           Number of Pages        
                    -  1 
                    -           Host institution        
                    -  University of Iowa. Libraries. Government Publications 
                    -           Digitization Specifications        
                    -  Scanned with Zeutschel OS 12000 Scanner at 300 ppi, 24-bit color. Archival tiff image available. 
                    -           Rights Management        
                    -  This is a work of the U.S. Government and is not subject to copyright protection in the United States. 
                    -           Contact Information        
                    -  Please contact the Government Publications Department at the University of Iowa Libraries: lib-govpub@uiowa.edu. 
                    -           Item Type (AAT)        
                    -  Posters 
                    -           Item Type (IMT)        
                    -  jpeg 

                - Contact the Libraries
                - Library locations & hours
                - News & Events
                - Help using the Libraries
                - Assistance for people with disabilities
                - Our diversity statement
                - Thank a Librarian
                - Web site/page feedback  OR  general suggestions
                -  

                -  
                - 100 Main Library (LIB)
                - 125 West Washington St.
                - Iowa City, IA 52242-1420
                - 319-335-5299 (Service Desk)
                - ©2020  The University of Iowa
                -